Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes that the Government’s report contains no reply to its previous direct request. It hopes that the next report will include full information on the matters raised in its previous direct request, which reads as follows:

Referring also to its observation under the Convention, the Committee requests the Government to supply information on the following matters.

  Article 6, paragraph 3(3).  The Committee wishes to point out to the Government that under this Article of the Convention the name entered on the agreement of the vessels on which the seaman undertakes to serve extends not only to the contract for the voyage, as prescribed in section 6, paragraph 3, of Decree No. 1015 of 1995, but also to agreements made either for a definite period or for an indefinite period. The Committee requests the Government to indicate the measures taken or contemplated for including the names of the vessels on such agreements.

  Article 6, paragraph 3(8).  The Committee notes that Decree No. 1015 of 1995 makes no reference on the agreement to the mention of provisions. The Committee requests the Government to specify the system which applies in this matter and to supply the pertinent texts.

  Article 7.  The Committee notes the information supplied by the Government in its most recent report to the effect that this Article of the Convention does not constitute a requirement in national legislation. The Committee notes, however, that in its previous reports the Government declared that section 1500 of the Code of Commerce, points (5) and (7), and section 27 of Decree No. 2349 of 1971 made it compulsory for the captain to keep on board the register of the ship’s crew and that vessels must always carry a crew list on board. The Committee requests the Government to indicate what provisions are in force and, if these are the standards mentioned above, to indicate the measures adopted in national legislation to copy or attach the agreement to the crew list or register.

  Article 9, paragraph 3.  The Committee requests the Government to supply data about any exceptional circumstances laid down by national legislation (for example, force majeure) in which notice, although given in due form, shall not result in the termination of the agreement.

  Article 14, paragraph 2.  The Committee notes that under section 12 of Decree No. 1015 of 1995, the employer shall provide the seaman with a document recording his services. The Committee recalls that, under this Article of the Convention, the seaman has the right to obtain a separate certificate as to the quality of his work. The Committee requests the Government to indicate the measures taken or contemplated to guarantee that seamen can obtain a separate certificate as to the quality of their work.

  Article 15.  The Committee notes that in accordance with section 14 of Decree No. 1015 of 1995, the administrative labour authority supervises compliance with the Convention and the Decree. The Committee requests the Government to supply information on the methods used to ensure monitoring of the Convention and their effectiveness.